Employer Not Paying Salary and Asking Me to Resign – How Can I Fight This?

Hi, I am working in a Pvt. Ltd. company as a Virtual Staffing Manager (HR Recruitment). My employer is not paying my salary; I have completed my 2 months on 23rd June 2018. Now when I am asking to be paid, they are asking me to resign. Can you please suggest to me in that case how I can raise a complaint or where I can start the process? Please suggest.

Thanks,
Sneha Sonam

Please put a clear demand in writing about your payment - clearly bring out that they have delayed beyond due dates. Do not resign. If they still do not pay, you may be forced to send them a legal notice.

What is the state of payment to other employees?

Handling Resignation Requests and Full and Final Settlement

The problem is that they are asking me to resign, and then they will give me my full and final settlement (which includes my two months' salary). They are asking me to hand over all the things I have done in the past two months. Is this the right way to handle the situation?

I refused to resign and requested to be paid for at least the month of April and May, i.e., from 23rd April to 30th April and 30th April to 30th May 2018. However, they are not willing to provide anything in writing. Can you please advise me on what kind of action I should take?

Dear Sneha Sonam, this is a clear indication by the employer that they do not want your services. The reason is that they are putting pressure on you to tender your resignation, which would make them comfortable. I hope you understand this, being an educated individual. They are waiting for a chance to terminate your services. Therefore, from now on, you should search for new employment opportunities but do not resign.

Before they proceed any further, it is your turn to lodge a complaint with the District Labour Officer for not disbursing wages in the wage period under the Payment of Wages Act.

Dear Prabhat,

I can understand they don't want me in their system, but at least they should pay my salary. I am also just waiting for my salary, and if they want to fire me, they should write an email with the proper reason. Only then will I leave or resign. To claim my salary, can you please tell me or help me with where to approach? Being in a recruitment profile, I don't have any idea about legal law or IR.

Dear Sneha Sonam,

You should lodge a complaint with the District Labour Officer of the area where the office is located. Visit the office, meet with the concerned officer, and discuss the issue that your employer is not disbursing wages.

Steps to Address Non-Payment of Salary

1. Do not resign under any sort of pressure.

2. Write a letter to your employer (via mail) specifically and clearly mentioning that they have not paid your salary from [x date] to [y date]. Demand your salary in clear terms. Obtain acknowledgment if possible on a hard copy. Wait for their reaction.

3. If you do not receive any reply within 3 days, on the third day, file a complaint with the Labour Officer of the area.

4. Continue to go to your office daily unless you are forcibly stopped.

5. Wait for written communication of either termination or resignation by your employer, which I do not believe they will provide.

6. Verbally inform them that you will take legal action after the 3-day waiting period is over.

Warm Regards,
Bharat Gera
HR Consultant
[Phone Number Removed For Privacy-Reasons]